But he has failed to obtain a driver's license, and has been convicted a number of times on charges of driving a vehicle without proper registration and driving without a license. Despite having only those misdemeanor-level offenses on his record, Immigration and Customs Enforcement had slated him for deportation until advocates intervened on his behalf.
]]> Now the matter stands before an immigration judge, whose decision has the potential to confirm whether the immigration system will follow the new rules announced by the federal government. Those rules, as we have mentioned before, have stated that immigration officials should devote resources to pursuing illegal immigrants who have committed grave offenses and who are deemed a threat to national security.The judge's decision will not occur for some time, however. The man's next hearing on the matter is not scheduled until next February. But the major development in the case was that he was allowed to have the hearing. Advocates for the man requested the hearing, which the immigration judge in his case granted this week.
The man's attorney has said that he will argue that immigration authorities should not deport the man because it would place too great a burden on his two young children, who were both born in the United States. The attorney also said there are many other similarly situated illegal immigrants. The outcome of this case is vitally important because of the wide-ranging implications that it could hold for them.
Source: The Charlotte Observer, "S.C. man gets hearing in test of deportation guidelines," Carmen Cusido, May 16, 2012.
]]>ICE has said it will devote its attention to cases involving immigrants with criminal records and those it considers dangers to national security. Immigrants who fit into neither category may have their court cases suspended through an exercise of "prosecutorial discretion." Although a suspension could last for quite a long time, there are no guarantees on its length, and ICE could in theory choose to re-open the case whenever it wanted.
]]> Therefore, many immigrants and their attorneys are carefully weighing the decision to accept an offer of prosecutorial discretion. The suspension of one's case often provides a temporary alternative to seeking a green card or asylum. Some immigrants are accepting the suspension because they need more time to obtain permanent residency through a green card.But others are declining ICE's offer and are instead going to court to get a green card because permanent residency provides a palpable level of security that prosecutorial discretion does not. An immigrant whose case is suspended could still face deportation proceedings in the future. Yet placing one's immigration case on hold can have benefits in some circumstances. Therefore, the decision whether to accept an offer of suspension from ICE or pursue a green card is a strongly personal one, linked to the facts of each immigrant's case. Immigrants should know the potential benefits and consequences of each option before deciding on a course of action.
Source: Associated Press, "Discretion program a mixed bag for immigrants," April 28, 2012.
]]>In a new development, the Supreme Court appeared quite receptive during oral arguments to the provisions contained in the state's immigration law. Although the Court will likely not release its opinion until sometime next month, advocates for stronger immigration rules are already taking the Court's initial reaction as a signal to marshal their forces. Some organizations are planning to promote the introduction of similar versions of the state's law into legislatures around the country.
]]> But states appear divided over whether they would adopt such measures. On the one hand, there are states that have already passed similarly tough legislation, but are waiting on the Supreme Court's decision to begin enforcement. On the other hand, there are states that have completely eschewed stringent immigration laws and accept immigrants without regard to their status. In the middle are a number of states whose elected officials cannot agree on new immigration laws. Upcoming state elections could swing the balance of power this fall, potentially precluding or easing the way for immigration legislation.It remains unclear what measures North Carolina might pass in response to the Supreme Court's decision. Depending on the extent of approval the Court grants to the state's law, the General Assembly could have a wide berth to craft immigration rules. Immigrants should follow developments in the law carefully, because their rights could be affected.
Source: Associated Press, "Push for tough state immigration measures could spread if Supreme Court upholds Arizona law," David Crary, April 28, 2012.
]]>The study compared immigration data from two separate time periods: a five-year stretch from 1995 to 2000 and another a decade later from 2005 to 2010. During the former span, nearly 3 million people entered the United States from Mexico while only approximately 700,000 went in the other direction. The numbers are strikingly different in the latter period. From 2005 to 2010, roughly 1.4 million people immigrated to the United States from Mexico. The number of people leaving for Mexico was slightly higher than that number, however.
]]> North Carolina and other southern states with significant agricultural operations could be adversely affected by this immigration trend. Many farms around the region depend on immigrants, and a number of farmers are already reporting that they have had to reduce the extent of their plantings. Some speculate farmers could find a solution in temporary work visas.A number of explanations have been offered to explain the immigration data. Studies show that Mexican families are having fewer children, which in turn means there is a smaller pool of people to come to the United States when they reach the prime age for immigration. But other factors may be depressing immigration figures. The Mexican economy is improving, while the United States is slowly emerging from a recession.
Visa matters can be complex and there are deadlines that a visa applicant will have to meet. An experienced immigration law attorney can help those seeking visas navigate the rules required to earn one.
Source: Southern California Public Radio, "Net migration from Mexico has stopped - now what?" Leslie Berestein Rojas, April 23, 2012.
]]>The case involved an immigrant from Greece who was found guilty of forging traveler's checks in 1994. As some immigrants may be aware, the federal government changed immigration law in 1996 to provide that immigrants with green cards could more readily face deportation proceedings if they committed a crime that fell under the umbrella definition of "moral turpitude."
]]> The Greek man's white collar conviction was just such a crime. He went to visit his parents in Greece in 2003, but when he returned to the United States he was detained and faced deportation. The man and his lawyers have been challenging the deportation order since that time, and only now has the Supreme Court provided him some relief.In a 6-3 decision, the Court ruled that since the immigrant's conviction took place before the law was changed, it should not trigger his deportation or preclude his re-entry into the country if he decides to go abroad. His lawyer compared the Court's legal rationale to that which is often applied in the area of business law: When a new law proscribes certain behavior, corporations are not punished for acts prior to the law's enactment which the law has now made illegal.
Immigrants and green card holders should recognize the narrow rule created by this case, however. It applies only to people with particular factual circumstances. The 1996 law is still valid and in effect, and some immigrants could encounter trouble if they attempt to leave and subsequently return to the United States. It is best to make sure that one will not be affected by the 1996 law before traveling overseas.
Source: New York Daily News, "Supreme Court rules for Queens businessman in immigration case," Erica Pearson, March 29, 2012.
]]>Visa rules were altered after 9/11, but performers and the attorneys who work to secure their visas report that the procedures have become even more restrictive during the past few years. Artists must receive the approval of Homeland Security and the State Department. Base fees are $325 per visa, which can price some larger and less well-funded ensembles out of an American tour. In addition, processing can take up to half a year, which is a logistical headache that some performers do not want to endure.
]]> These new realities are reflected in the latest data on performance visas. According to Homeland Security figures, one-quarter fewer foreign artists applied for a performance visa in 2010 than in 2006. In addition, that time period also witnessed a rise in rejected applications, although those still remain relatively rare.Some performers report having had their visa applications held up because their name matched that of another person marked for additional scrutiny by the government. Others say that their visas were delayed simply because they had an Arab name.
The difficulties that foreign performers encounter illustrate the complexity of the immigration process in general. Those seeking green cards or U.S. citizenship often have to navigate a host of laws and procedures before their applications are approved.
Source: The New York Times, "U.S. Visa Rules Deprive Stages of Performers," Larry Rohter, April 11, 2012.
]]>In addition, legislators expressed their doubts that they could adequately address all of the immigration issues during the General Assembly's brief session this coming May. The next time the state's legislators attempt to create any large-scale immigration laws will likely be after this year.
]]> But that does not mean that the General Assembly is completely inactive on immigration matters. On the contrary, last month a legislative committee held a hearing where people could voice their opinion on the state of immigration policy in North Carolina. Thirty-five people spoke before the committee, including supporters of immigration reform and proponents of stricter immigration policy.Two of the bills currently under consideration at the General Assembly would make life more difficult for immigrants in the state. One would buttress current law that precludes government aid from being distributed to illegal immigrants. The other would narrow the range of papers considered as legal proof of identification.
The Supreme Court's important ruling is not expected until early this summer. It has the potential to affect legislative positions on immigration here in North Carolina and across the country. Members of the General Assembly indicated that they would use the Supreme Court's decision to help craft future legislation.
Source: The News & Observer, "N.C. lawmakers delay major immigration legislation," John Frank, Mar. 29, 2012.
]]>The revised application of immigration rules holds some benefits for immigrants, but it also has potential drawbacks. On the one hand, immigrants who are eligible for bail can see their families and continue their activities pending the outcome of their cases. On the other hand, some suggest that the government is taking advantage of some immigrants by requiring an amount of money that does not match the person's capacity to afford it. If a person does not abide by the terms of release on bond, the government collects the money.
]]> In immigration cases, judges set bail using a variety of factors, such as immigrants' familial relationships with U.S. citizens, how long they have resided in the country and the length and nature of their employment. The statutory minimum for bail is $1,500, but judges can increase it as they see fit. The mean bail amount is slightly over $5,000.Not everyone is eligible to be released on bail, however. As with normal bail considerations, judges weigh whether the immigrant presents a danger to society or is likely to flee if released. In addition, judges will usually grant bail if immigrants have no prior deportation orders or crimes on their record.
Immigrants who abide by all the terms of their release on bond, which typically include appearing on all required court dates, will receive their money back. Since a large amount of money is at stake, immigrants eligible for release from custody on bail should know the rights and responsibilities of posting a bond.
Source: The Houston Chronicle, "Huge rise seen in ICE cases released on bail," Regina Garcia Cano, Mar. 24, 2012.
]]>The man drew the scrutiny of Immigration and Customs Enforcement when he received a string of license violations. At one time, North Carolina allowed people to obtain a driver's license using a variety of government identifiers, including a taxpayer ID number issued by the Internal Revenue Service. But in 2007, the General Assembly required that license applicants have a Social Security number, which the man did not have. Police in the man's small town would pull him over for no other reason than because they knew he did not have a valid license.
]]> Soon after, he was deported. ICE, however, did not inquire about whether his wife was fit to care for the children. In fact, ICE does not operate under any officially created guidelines that would specify how the agency should deal with custody cases like this man's. According to one research group, approximately 5,100 children have been sent to foster parents after ICE deported one or both of their parents.State officials have considered allowing the children to live with their father in Mexico, where he has a job and lives with relatives in a house that has many modern amenities. Officials refused, however, when they discovered the house lacked plumbing. Instead, the state has now sought to end the man's legal parental status. Authorities note that states rarely send children to live with deported parents once the state begins to care for them.
Immigration law is complex by itself. When it intersects with child custody laws, the combination can be byzantine. But an experienced immigration attorney can help immigrants fight for citizenship and access to their children.
Source: Associated Press, "NC deportation case highlights child welfare maze," Michael Biesecker and Gosia Wozniacka, Mar. 9, 2012.
]]>The man came to the United States illegally when he was 14 years old. That was 13 years ago. Now he is married and has children, all of whom have U.S. citizenship because they were born here. But he has drawn the attention of ICE because he has accumulated at least eight driving without a license convictions. All are misdemeanor offenses and he has no other crimes on his record. Yet he is facing deportation, which could rend his family in two.
]]> In the man's corner, however, is Congressman Luis Gutierrez. Gutierrez says that the man's case is not unusual. He believes that the change in ICE policy was not meant to capture people with minor criminal records. He referred to an ICE document in which the head of the agency stated that immigrants who endanger the country's safety or who have significant felonies should receive the agency's strongest attention. The man fit into neither of those two categories.By contrast, the same document also included a number of criteria that should steer ICE away from deporting certain immigrants. One of those criteria was whether an immigrant had resided in the country since he or she was a child. In addressing a crowd that had gathered outside the Charlotte building where the man's immigration proceedings were being held, the Congressman said that the man "is the father of two American citizen children. He is not a criminal."
Source: The Charlotte Observer, "Illinois congressman calls on federal authorities to drop deportation case against S.C. father," Tim Funk, Mar. 14, 2012.
]]>Already immigrants in North Carolina are demonstrating their resolve. This past week, a number of immigrants engaged in one of the most time-honored American traditions: political protest. They marched on a General Assembly meeting to oppose stricter immigration measures that the lawmakers were considering. They responded strongly when a legislator asserted that immigrants without papers were responsible for crimes involving guns and drugs.
]]> Police charged three of the protesters with disorderly conduct, a misdemeanor offense, and took them into custody. In accordance with immigration law, the jail examined their immigration records. The jail then contacted ICE and informed the agency whether the three were citizens of the United States.It appears that the three protesters did not have U.S. citizenship, but ICE has stated that two of them will not undergo deportation because they do not have a prior criminal record. This is in line with the government's newly articulated policy of only pursuing deportation against illegal immigrants with criminal records. The third protester, however, does have a criminal record and could face deportation proceedings.
Source: Fox News Latino, "Undocumented Protesters in North Carolina Will Not Be Deported," Mar. 2, 2012.
]]>Secure Communities appears to have produced immediate results for law enforcement in a couple of northeastern states, where it was recently implemented. Officials from Immigration and Customs Enforcement (ICE) instituted a raid targeting illegal immigrants with criminal records. The raid spanned well over a dozen cities and towns and was named "Operation Threats Against the Community."
]]> Over the course of four days, law enforcement took over 40 people into custody. ICE indicated that over half of those arrested had been convicted of felonies while others had criminal records that included convictions for such crimes as drunk driving, indecent assault and possession of illegal drugs. Those detained in the raid will undergo deportation proceedings.Raids such as this one demonstrate the government's growing resolve to deport illegal immigrants with criminal records. With state and federal agencies working together, it is not unreasonable to suspect that more raids are in the offing. Immigration proceedings can be complex, but their results are very plain. Deportation can separate family members across great distances. An experienced immigration law attorney can help those facing deportation proceedings.
Source: NBCConnecticut.com, "40 Arrested in Immigration Raid," March 1, 2012.
]]>In that case, a majority of the Court held that filing false returns can be grounds for deportation. The defendants in the case were a couple who were in the United States legally, but had not become citizens. They got into trouble with the IRS when the husband filed a false corporate tax return. His wife was charged with aiding his illegal activity. The IRS estimated that they cost the government nearly $250,000 in unpaid taxes.
]]> There are specific penalties prescribed for violating the tax laws. But immigration officials believed that their crimes contravened immigration laws and merited deportation. The basis for that reasoning is a provision in immigration law that allows deportation for what are called "aggravated felonies." A number of crimes fall under that description, including those involving "fraud or deceit" where the amount of monetary loss is greater than $10,000, or those involving tax fraud where the government's tax loss is greater than $10,000.The couple appealed to the Supreme Court after losing their initial case and a subsequent appeal. They argued to the Court that their activity did not constitute "fraud or deceit," but six of the nine Justices did not agree. In dissent, three Justices cautioned that the majority's ruling would bring a number of minor tax offenses into the circumference of the "aggravated felony" category, possibly resulting in deportation proceedings against non-citizens for relatively minor crimes.
Source: Forbes, "Supreme Court Finds Tax Crimes Are Grounds for Deportation," Kelly Phillips Erb, Feb. 22, 2012.
]]>Farming interest groups, including the North Carolina Growers Association, want a guest worker program that would give farmers an increased ability to hire immigrant workers. Supporters of immigrant workers want an easier track to U.S. citizenship. But trends in the immigration debate have failed to deliver on both of their hopes.
]]> The current program that allows farmers to hire foreign workers legally is called H-2A, after the type of visa that the workers receive under the program. But farmers dislike the program, calling it expensive and faulty. In addition, it appears that farmers cannot realistically meet their needs through the program, as North Carolina growers will only employ approximately 7,000 farm workers with H-2A visas this year.Farmers and farm worker advocates thought they had made a breakthrough in 2003. They formed a coalition to support a political deal called AgJobs, which would have given farmers a simplified H-2A program and would have given 1.5 million illegal workers legal status and the chance to become U.S. citizens. But AgJobs hitched its star to the wrong wagon. The larger immigration bill to which it was attached fell apart in 2007.
Since then, the coalition has split. Farmers are still attempting to simplify H-2A alone. Proponents of reform now want to attach an immigrant guest worker program to the larger bill dealing with the E-Verify system. Some believe that E-Verify could pose significant harm to the farming industry. The outcome of this political debate could have far reaching consequences for immigrant workers and the farmers who employ them.
Source: The Miami Herald, "Farmers still fighting for immigrant guest-worker program," Michael Doyle, Feb. 9, 2012.
]]>The recent case of a man in California demonstrates the difficulty such immigrants face in protecting their rights. The man, who was diagnosed with schizophrenia and depression 14 years ago, faced deportation for the beating of his stepfather in 2008. He appeared in immigration court via a video conferencing system hooked up to the detention center where he was being held. He could not afford a lawyer or find one to represent him pro bono. The judge asked him a series of questions, and it quickly became clear from his long pauses that he didn't understand anything asked of him.
]]> His mother, who was in the courtroom, intervened and showed the judge her son's medical records. Immigration officials examined him while he was in custody in 2009 and noted that he was mentally ill. But somehow this information was never given to the court. After reviewing his medical file, the judge ruled that he was not able to understand the court proceedings and ended his removal proceedings. Immigration officials have appealed the judge's decision.Regrettably, this man's circumstances are not unique. Many other mentally ill immigrants face a similar fate, their cases delayed time and again as judges attempt to find a fair way to handle them. They are detained for months and many lack the protection of a lawyer. A lawsuit filed by the ACLU and other organizations aims to force the government to give mentally ill immigrants lawyers and hearings to determine their competency.
Source: Los Angeles Times, "Detained immigrants with mental illnesses face barriers in court," Paloma Esquivel, Feb. 7, 2012.
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